PREDICTIVE SENTENCING - AN EMPIRICAL EVALUATION

• NCJ Number: 38264
• Author(s): L H WHINERY; T J NAGY; G A SATHER; K D FISHER
• Date Published: 1976
• Length: 233 pages
• Sale Source: D C Heath and Co
• Language: English
• Country: United States of America

Annotation

PREDICTIVE SENTENCING INVOLVES A PREDICTION OF THE RISK OR THREAT TO SOCIETY BY THE OFFENDERS AND OF THE REACTION OF DIFFERENT TYPES OF OFFENDERS TO DIFFERENT TYPES OF TREATMENT MODALITIES.

Abstract

THE STUDY REPORTED REPRESENTS AN EMPIRICAL EVALUATION OF THIS CONCEPT TO ONE TYPE OF SENTENCING STRATEGY IN THE LOWER COURTS TOEGETHER WITH ITS IMPLICATIONS. THE GOAL OF THE PROJECT WAS TO REDUCE RECIDIVISM AND ACCIDENT INVOLVEMENT AMONG 16-18 YEAR-OLD MALE HABITUAL TRAFFIC OFFENDERS THROUGH A PROCESS OF SELECTIVE TREATMENT OF OFFENDERS WITH DIFFERING PERSONALITY, SOCIAL, AND ECONOMIC BACKGROUNDS. IN THE DESCRIPTIVE PHASE OF THE PROJECT, NORMAN, OKLAHOMA, TRAFFIC OFFENDERS, UPON CONVICTION OF THREE OR MORE TRAFFIC VIOLATIONS WITHIN A PERIOD OF ONE YEAR, WERE SEQUENTIALLY ASSIGNED TO ONE OF FIVE DIFFERENT TREATMENT MODALITIES. THESE CONSISTED OF THE TRADITIONAL SENTENCE OF THE FINE AND FOUR EXPERIMENTALLY INNOVATIVE TREATMENT MODALITIES: INDIVIDUAL COUNSELING ON DEVIANT MOTIVATION TO VIOLATE THE TRAFFIC LAWS; GROUP COUNSELING ON DEVIANT MOTIVATION TO VIOLATE THE TRAFFIC LAWS; GROUP COUNSELING ON DRIVERS' EDUCATION; AND GROUP COUNSELING ON CONSEQUENCES OF ILLEGAL DRIVING PRACTICES. IN THE PREDICTIVE PHASE, A 'FINE CONTROL GROUP' WAS ESTABLISHED THROUGH THE GENERATION OF A TABLE OF RANDOM NUMBERS BY WHICH THE OFFENDER WAS SENTENCED IN THE FIRST INSTANCE TO EITHER THE FINE CONTROL GROUP OR TO PREDICTIVE SENTENCING. IN THE CASE OF TRAFFIC RECIDIVISM, WHILE THE FINE CONTROL REMAINED STABLE THROUGHOUT THE THREE PHASES (PREPROBATION, DESCRIPTIVE, AND PREDICTIVE) OF THE PROJECT, THE EFFECTIVENESS ON GROUP TWO INDIVIDUAL COUNSELING DECLINED SHARPLY. GROUP TWO CONTINUED TO SHOW RELATIVELY GREATER EFFECTIVENESS IN REDUCING ACCIDENT INVOLVEMENT THROUGHOUT THE PROJECT THAN THE FINE CONTROL GROUPS. THE SAME RESULTS OCCURRED IN THE CASE OF NON-TRAFFIC RECIDIVISM. THE BASIC LEGAL, SOCIAL, ECONOMIC, AND METHODOLOGICAL CONCERNS OF PREDICTIVE SENTENCING ARE EXAMINED, ALONG WITH THE IMPLICATIONS OF THE STUDY. A SEVEN-PAGE BIBLIOGRAPHY OF JUDICIAL DECISIONS, BOOKS, ARTICLES, COURT RULES, AND STATE AND FEDERAL CODES AND ORDINANCES IS INCLUDED, TOGETHER WITH A SUBJECT AND NAME INDEX. (AUTHOR ABSTRACT MODIFIED)